Chapter 10.08
VEHICLE TOWING, INVENTORY AND IMPOUNDMENT1
Sections:
10.08.040 Impounds related to criminal investigations.
10.08.050 Abandoned vehicles (ORS 819.110).
10.08.060 Impound at arrest scenes.
10.08.080 Vehicle inventories.
10.08.090 Vehicles constituting a hazard or obstruction.
10.08.100 Removal of vehicle disabled in a traffic collision.
10.08.110 Driving a noncounty vehicle.
10.08.120 No preference tow services.
10.08.140 Security of vehicles and property.
10.08.010 Purpose.
The purpose of this policy is to provide deputy sheriffs with guidelines for determining when and how a motor vehicle should be towed, inventoried, and impounded. (Ord. 270 § 1 (Exh. A), 2014; Ord. 148 § 1 (Exh. A § I), 2004)
10.08.020 Policy.
Motor vehicles are subject to towing, inventories, and impoundment and subsequent release for many and varied reasons ranging from preserving evidential value in a criminal case, law violations, and safeguarding property.
A motor vehicle inventory is an administrative measure designed to protect motor vehicles and their contents while in law enforcement custody; to protect the agency against claims of lost, stolen or damaged property; and to protect official personnel and the public against injury or damaged property due to hazardous materials or substances that may be in the vehicle.
It is the policy of the Crook County sheriff’s office to conduct motor vehicle tows, inventories, and impounds only in accordance with the following procedures. (Ord. 270 § 1 (Exh. A), 2014; Ord. 148 § 1 (Exh. A § II), 2004)
10.08.030 Definitions.
“Abandoned vehicle tow” means the tow of any vehicle which is deemed “abandoned” under applicable state law or county ordinance (see ORS 819.110), or which is impounded as a hazard or obstruction to traffic (see ORS 819.120).
“County tow” means a tow of a vehicle owned by the county.
“Department” means the Crook County sheriff’s office.
“Deputy sheriff request tow” means towing and storage in which the county may be responsible for the charges, or in which the owner or operator cannot or will not indicate who they prefer to tow the vehicle (such as motor vehicle accidents involving injury or death, and the vehicle does not meet “security tow” requirements).
“Owner request tow, nonpreference” means the towing and storage of privately owned vehicles, when the operator, owner or person entitled to possession of the vehicle specifically requests towing services without preference for a particular towing company and at their own expense.
“Owner request tow, preference” means the towing and storage of privately owned vehicles, when the operator, owner or person entitled to possession of the vehicle specifically requests a preference as to which company should provide the services and at their own expense.
“Penalty tow” means a tow of any vehicle impounded for a violation of law or ordinance or under a court order.
“Security tow” means a tow of a vehicle in the custody of the department, which must be held in secure storage. This includes a vehicle towed for a prisoner’s property, safekeeping, and an impoundment for evidence. (Ord. 270 § 1 (Exh. A), 2014; Ord. 148 § 1 (Exh. A § III), 2004)
10.08.040 Impounds related to criminal investigations.
Deputies should impound vehicles that are needed for the furtherance of an investigation or prosecution of a case or are otherwise appropriate for seizure under ORS 133.535. State law requires the impounding deputy to take reasonable steps to protect against loss or damage to impounded vehicles and any contents that may have been taken as evidence (ORS 133.537). Deputies should make reasonable efforts to return a recovered stolen vehicle to its owner rather than store it, so long as the vehicle is not needed for evidence. (Ord. 270 § 1 (Exh. A), 2014)
10.08.050 Abandoned vehicles (ORS 819.110).
Personnel who receive complaints of vehicles being abandoned should obtain all pertinent information including license number, description, location, and lapse of time involved.
(1) A check of the vehicle to see if it is stolen will be conducted.
(2) If the stolen status is negative, the deputy sheriff will attach a RED Crook County sheriff’s tow notice on the vehicle.
(3) Deputies shall make attempt to contact the registered and/or legal owner(s) of the vehicle and advise of the county’s intent to tow the vehicle.
(4) If the vehicle remains abandoned 24 hours after affixing the tow notice (ORS 819.170), the vehicle will be towed by a nonpreference tow, and stored at that tow company’s yard. The deputy sheriff ordering the tow will complete an incident report detailing the tow of the vehicle, before going off shift. ORS 819.180 provides that the agency is required to notify the owners, in writing by certified mail, of the vehicle impoundment and their right to apply for a hearing.
(5) Obviously inoperable, or stripped vehicles may be towed after 24 hours per ORS 819.110 and ORS 819.120, for immediate removal, if the location of the vehicle constitutes an immediate hazard to other vehicular traffic. (Ord. 270 § 1 (Exh. A), 2014; Ord. 148 § 1 (Exh. A § V), 2004)
10.08.060 Impound at arrest scenes.
Whenever a person in charge or in control of a vehicle is arrested, it is the policy of this department to provide reasonable safekeeping by leaving the vehicle secured and lawfully parked at the scene or storing the arrestee’s vehicle subject to the exception described below. However, the vehicle shall be stored, subject to applicable laws and warrant requirements, whenever it is needed for the furtherance of an investigation or prosecution of the case or when the community caretaker doctrine reasonably suggests that the vehicle should be stored (e.g., the vehicle would present a traffic hazard if not removed or, due to a high crime area, the vehicle would be in jeopardy of theft or damage if left at the scene).
Oregon Revised Statutes authorizes the impoundment of a vehicle for issues such as driving with a suspended or revoked license (ORS 809.720).
Procedure:
A deputy sheriff who believes that a person is driving in violation of ORS 806.010, 807.010, 811.175, 811.182, and/or 813.010 may, without prior notice, order the vehicle impounded.
A deputy sheriff towing vehicles under this section shall issue a citation for the original offense(s) listed above supporting the impoundment under ORS 809.720.
Deputies towing vehicles under ORS 809.720 shall provide the person having operated that vehicle with an impoundment release instruction form and make a tow log entry by advising dispatch.
A deputy causing a vehicle to be impounded shall immediately complete an incident and vehicle report. The deputy sheriff shall also have dispatch enter the impounded vehicle into LEDS.
The incident report shall detail the reason for the traffic stop and action taken as a result.
The incident report shall be placed in the custody report basket located in the patrol squad room prior to the end of the deputy’s shift. Once checked by the supervisor, the report shall be processed.
The following are examples of situations where the arrestee’s vehicle should not be stored, provided the vehicle can be legally parked, left in a reasonably secured and safe condition and the vehicle is not needed for the furtherance of an investigation:
(1) The vehicle is parked on private property on which the registered owner or operator is legally residing, or the property owner does not object to the vehicle being left parked at the location.
(2) When the arrestee or a passenger is the registered or legal owner of the vehicle and requests that the vehicle be released to a person who is present, willing and able to legally take control of the vehicle.
(3) Whenever the vehicle is legally parked and otherwise does not need to be stored and the owner requests that it be left at the scene.
In such cases, the handling employee shall inform the arrestee and note in the report that the department will not be responsible for theft or damages. (Ord. 270 § 1 (Exh. A), 2014)
10.08.070 Notice to owners.
Once the vehicle is impounded, records personnel shall mail a copy of the impound report along with information describing the location of the vehicle and the procedures for its release to the legal and registered owners of the stored vehicle within 48 hours after it has been stored, not including Saturdays, Sundays or holidays, unless the vehicle has been previously released (ORS 819.180). The notice shall include:
(1) That the vehicle has been taken into custody and towed; the identity of the appropriate towing authority and the statute, ordinance or rule under which the vehicle has been taken into custody and towed.
(2) The location of the vehicle, or the telephone number and address of the authority that will provide that information.
(3) That the vehicle is subject to towing and storage charges, the amount of charges that have accrued to the date of the notice and the daily storage charges.
(4) That the vehicle and its contents are subject to a lien for payment of the towing and storage charges and that the vehicle and its contents will be sold to cover the charges if the charges are not paid by a date specified by the appropriate authority.
(5) That the owner, possessor or person having an interest in the vehicle and its contents is entitled to a prompt hearing to contest the validity of taking the vehicle into custody and towing it, and to contest the reasonableness of the charges for towing and storage if a hearing is requested in a timely manner.
(6) The time within which a hearing must be requested and the method for requesting a hearing.
(7) That the vehicle and its contents may be immediately reclaimed by presentation to the appropriate authority of satisfactory proof of ownership or right to possession, and either payment of the towing and storage charges or the deposit of cash security or a bond equal to the charges with the appropriate authority.
(8) A vehicle impounded under this section shall be released to a person entitled to lawful possession of the vehicle upon compliance with the following:
(a) Proof that a person with valid driving privileges will be operating the vehicle.
(b) Proof of compliance with financial responsibility requirements for the vehicle.
(c) Payment of the Crook County sheriff’s office administrative fee and any towing and storage charges.
(d) A security interest holder in the vehicle is not required to comply with subsections (8)(a) and (b) of this section and may obtain release by paying the administrative fee, towing and storage fees.
(9) ORS 806.020 – Exemptions from Financial Responsibility Requirements. This statute provides exemptions from the necessity for compliance with financial responsibility under ORS 806.010. Accordingly, the below vehicles are exempt from impoundment pursuant to ORS 809.720:
(a) Antique motor vehicle issued permanent registration under ORS 805.010;
(b) Farm trailer;
(c) Farm tractor;
(d) Implement of husbandry;
(e) A motor vehicle of special interest that is maintained as a collector’s item and is primarily used for exhibitions, parades, club activities and similar uses, and not as primary transportation;
(f) Snowmobiles, Class I or Class III all-terrain vehicle.
(10) If the tow results in a stranded motorist at a hazardous location or conditions present a hazard to the motorist, the deputy shall attempt to do one of the following whenever possible:
(a) Arrange for prompt removal to a place of safety by taxi, third party or other means; or
(b) Transport the motorist and occupants to a location of safety; or
(c) Have dispatch contact a third party of the motorist’s choice.
(11) A person shall not be allowed to remove any part permanently attached to the vehicle prior to towing. (“Permanently attached” means wired, bolted, screwed, welded, etc.) Loose items may and should be removed.
(12) Vehicles will not be towed pursuant to ORS 806.012, Not carrying proof of compliance with financial responsibility requirements. (Ord. 270 § 1 (Exh. A), 2014)
10.08.080 Vehicle inventories.
The contents of all impounded vehicles shall be inventoried in accordance with the following procedure:
(1) An inventory of personal property and the contents of open containers will be conducted throughout the passenger and engine compartments of the vehicle including, but not limited to, the glove box, other accessible areas under or within the dashboard area, any pockets in the doors or in the back of the front seat, in any console between the seats, under any floor mats and under the seats.
(2) In addition to the passenger and engine compartments as described above, an inventory of personal property and the contents of open containers will also be conducted in the following locations:
(a) Any other type of unlocked compartments that are a part of the vehicle including, but not limited to, unlocked glove compartments, unlocked vehicle trunks and unlocked car top containers; and
(b) Any locked compartments including, but not limited to, locked car-top containers, provided the keys are available and are to be released with the vehicle to the third-party towing company or an unlocking mechanism for such compartment is available within the vehicle.
(3) Closed containers located within the vehicle or any of the vehicle’s compartments will not be opened for inventory purposes except for the following, which shall be opened for inventory: wallets, purses, coin purses, fanny packs, personal organizers, briefcases or other closed containers designed for carrying money or small valuables, or closed containers which are designed for hazardous materials.
(4) Other closed containers shall be opened and inventoried if the owner acknowledges they contain cash in excess of $10.00, valuables or a hazardous material.
(5) Any valuables, to include cash in excess of $10.00 or property valued at more than $200.00 located during the inventory process will be listed on a property receipt and stored in this agency’s property/evidence room. A copy of the property receipt will either be left in the vehicle or tendered to the person in control of the vehicle if such person is present. (Ord. 270 § 1 (Exh. A), 2014)
10.08.090 Vehicles constituting a hazard or obstruction.
Deputies may take custody of and tow a vehicle that is disabled, abandoned, parked or left standing unattended when it creates a hazard or obstruction.
Hazards and obstructions may include vehicles that are (ORS 819.120):
(1) Parked so that any part of the vehicle extends into the paved portion of the travel lane.
(2) Parked so that any part of the vehicle extends into the highway shoulder or bicycle lane of any freeway (ORS 819.120(2)(b)).
Deputies should use sound judgment in balancing the need to correct a hazardous situation with the potential hardship to a vehicle owner/operator before towing such a vehicle.
Deputies impounding a vehicle shall complete a vehicle impound report. A copy is to be given to the tow truck operator and the original is to be submitted along with the incident report to the records section as soon as practicable after the vehicle is stored.
Records division personnel (or dispatch if after hours) shall promptly enter pertinent data from the completed vehicle impound report into the state’s Law Enforcement Data Systems (LEDS).
Once a vehicle impound report is approved and forwarded to the records section, it shall be placed into the auto-file at the front desk to be immediately available for release or for information should inquiries be made. (Ord. 270 § 1 (Exh. A), 2014)
10.08.100 Removal of vehicle disabled in a traffic collision.
When a vehicle has been involved in a traffic collision and must be removed from the scene, the deputy shall have the driver select a towing company, if possible, and shall relay the request for the specified towing company to the dispatcher. When there is no preferred company requested, a company will be selected from the no preference towing company list in dispatch.
If the owner is incapacitated, or for any reason it is necessary for the department to assume responsibility for a vehicle involved in a collision, such as evidence, the deputy shall request the dispatcher to call a no preference towing company. The deputy will then have the vehicle towed to the sheriff’s office secure storage lot for evidence, and complete a vehicle impound form. (Ord. 270 § 1 (Exh. A), 2014)
10.08.110 Driving a noncounty vehicle.
Vehicles which have been towed by or at the direction of the sheriff’s department should not be driven by sheriff’s personnel unless it is necessary to move the vehicle a short distance to eliminate a hazard, to prevent the obstruction of a fire hydrant, or to comply with posted signs. (Ord. 270 § 1 (Exh. A), 2014)
10.08.120 No preference tow services.
Upon proper application, the department may approve qualified towing services to be called when a citizen needs towing but has no preference as to which service to call.
Any complaint alleging a violation of the agreement or other misconduct by a no preference operator shall be referred to the police department for investigation. The department may periodically review the performance of each authorized no preference operator.
Crook County periodically selects a firm or firms to act as the official tow service and awards a contract to that firm. This firm will be used in the following situations:
(1) When a vehicle is being held as evidence in connection with an investigation.
(2) When it is otherwise necessary to impound a motor vehicle. This would include situations involving the recovery of stolen or abandoned vehicles, and the removal from the streets of vehicles obstructing traffic in violation of state or local regulations.
Nothing in this policy shall require the department to tow a vehicle.
The department will assist citizens by calling any towing company desired. If the citizen has no preference and requests towing service, one of the authorized firms shall be called in rotation.
All deputies are specifically prohibited from directly or indirectly soliciting for or recommending any garage or tow service. (Ord. 270 § 1 (Exh. A), 2014)
10.08.130 Vehicle searches.
Case law regarding search and seizure is ever changing and frequently subject to interpretation under the varying facts of each situation. Vehicle searches shall be handled according to current training and a deputy’s familiarity with relevant case law. Generally, a search warrant should be sought prior to conducting a search of a vehicle.
Because circumstances under which a warrantless search of a vehicle might be permissible are very limited, and because vehicle searches are subject to many restrictions, deputies should, whenever possible, seek supervisory approval before conducting a warrantless search of a vehicle. (Ord. 270 § 1 (Exh. A), 2014)
10.08.140 Security of vehicles and property.
After a thorough inventory of the vehicle has been completed and all contraband, evidence and weapons have been removed the deputy should make reasonable accommodations to permit a driver or owner to retrieve small items of value or personal need (e.g., cash, jewelry, cell phone, prescriptions).
If a search of a vehicle leaves the vehicle or any property contained therein vulnerable to unauthorized entry, theft or damage, search personnel shall take such steps as are reasonably necessary to secure and/or preserve the vehicle or property from such hazards. (Ord. 270 § 1 (Exh. A), 2014)
10.08.150 Records.
All vehicles towed, with the exception of an investigative hold, are required to be entered into the state Law Enforcement Data Systems (LEDS) files. This procedure is documented in the LEDS Operating Manual, Section 5.11, Impounded – Repossessed – Missing Vehicle Entry. (Ord. 270 § 1 (Exh. A), 2014; Ord. 148 § 1 (Exh. A § VIII), 2004. Formerly 10.08.080)
Prior legislation: Ord. 96.